Article 298: Provisions relating to the formation of the Council of Ministers

(1) The Council of Ministers existing at the time of commencement of this Constitution shall continue to exist until the Council of Ministers set forth in clause (2) is formed.

(2) The Prime Minister shall, on the basis of political understanding, be elected no later than seven days after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution, and after the date on which the session of the Legislature-Parliament summoned in accordance with clause (6) of Article 296 commences where the Legislature-Parliament is in recess, and a Council of Ministers shall be formed under his or her chairpersonship.

(3) In the event of failure to have an understanding under clause (2), the Prime Minister shall be elected by a majority of all the then members of the Legislature-Parliament.

(4) The composition and allocation of portfolios of the Council of Ministers to be formed in accordance with this Article shall be made through mutual understanding.

(5) The Council of Ministers to be formed in accordance with this Article shall consist of a Deputy Prime Minister and other Ministers, as required.

(6) The Prime Minister appointed in accordance with this Article shall, in appointing Ministers in accordance with clause (5), appoint Ministers from amongst the members of the Legislature-Parliament, on the recommendation of the concerned party.

(7) The Prime Minister and other Ministers appointed in accordance with this Article shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible to the Prime Minister and the Legislature- Parliament for the work of their respective Ministries.

(8) The office of the Prime Minister appointed in accordance with this Article shall be vacant in any of the following circumstances:

(a) If he or she tenders resignation in writing to the President,

(b) If a vote of no-confidence is passed against him or her, or a vote of confidence is not passed in accordance with clause (14),

(c) If he or she ceases to be a member of the Legislature-Parliament,

(d) If he or she dies.

(9) The office of the Deputy Prime Minister, Minister, Minister of State and Assistant Minister appointed in accordance with this Article shall be vacant in any of the following circumstances:

(a) If he or she tenders resignation in writing to the Prime Minister,

(b) If the Prime Minister is removed from office in accordance with clause (8),

(c) Prime if he or she is removed from office by the Minister on the recommendation or advice of the concerned party,

(d) If he or she dies.

(10) Even though the office of the Prime Minister falls vacant under clause (8), the same Council of Ministers shall continue to act until another Council of Ministers is constituted.

(11) If the Prime Minister appointed in accordance with this Article dies, the Deputy Prime Minister or senior-most Minister shall act as the Prime Minister until another Prime Minister is appointed.

(12) The Prime Minister appointed in accordance with this Article may, whenever he or she considers necessary or appropriate to show/clarify that he or she has confidence from the Legislature-Parliament, table a resolution to that effect in the Legislature-Parliament for the vote of confidence.

(13) At least one-fourth of the total number of the then members of the Legislature-Parliament may table in writing a motion of no-confidence against the Prime Minister appointed in accordance with this Article. Provided that a motion of no confidence shall not be tabled more than once in a six-month period against the same Prime Minister appointed in accordance with this Article.

(14) A motion tabled under clause (12) or (13) shall be decided by a majority of the total number of the then members of the Legislature Parliament.

(15) The Government of Nepal shall, after the commencement of this Constitution, exercise the powers of a State until the Council of Ministers of the State set forth in this Constitution is formed.